                                 CODE OF VIRGINIA

DISPLAY OF THE FLAG OF THE UNITED STATES; NECESSARY SUPPORTING STRUCTURES;
AFFIRMATIVE DEFENSE (§ 55.1-1820)

A. In accordance with the federal Freedom to Display the American Flag Act of
2005 (P.L. 109-243), no association shall prohibit any lot owner from displaying
upon property to which the lot owner has a separate ownership interest or a
right to exclusive possession or use the flag of the United States whenever such
display is in compliance with Chapter 1 of Title 4 of the United States Code (4
U.S.C. &#xA7; 1 et seq.), or any rule or custom pertaining to the proper display
of the flag. The association may, however, establish reasonable restrictions as
to the size, place, duration, and manner of placement or display of the flag on
such property, provided that such restrictions are necessary to protect a
substantial interest of the association.

B. The association may restrict the display of such flag in the common areas.

C. In any action brought by the association under &#xA7; 55.1-1819 for violation
of a flag restriction, the association shall bear the burden of proof that the
restrictions as to the size, place, duration, and manner of placement or display
of such flag are necessary to protect a substantial interest of the association.

D. In any action brought by the association under &#xA7; 55.1-1819, the lot
owner shall be entitled to assert as an affirmative defense that the required
disclosure of any limitations pertaining to the display of flags or any flagpole
or similar structure necessary to display such flags was not contained in the
resale certificate as required by &#xA7; 55.1-2310.

HISTORY: 2000, c. 891, § 55-513.1; 2007, cc. 854, 910; 2008, cc. 851, 871;
2010, cc. 166, 453; 2019, c. 712; 2023, cc. 387, 388.